This Court dismissed the petitioner wife's writ petition seeking enhancement of interim maintenance awarded by the Family Court. The judge held the awarded amount to be just and reasonable, dismissing the claim to consider a salary slip submitted for a later month.
The writ petition standing dismissed; no enhancement of maintenance granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 6095 OF 2022
Jyoti Panda
..… Petitioner Miss Itishree Tripathy, Advocate
-versus-
Asutosh Mahapatra
…. Opp. Party
Mr. Harmohan Dhal, Advocate
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No.
21.07.2022
Page 1 of 5
// 2 //
Family Court, Bhubaneswar considering his net salary to be rupees sixty-five thousand per month, awarded a meager amount of rupees seven thousand that too by setting off the amount to the maintenance granted in favour of the Petitioner in a proceeding under Section 125 Cr.PC. It is her submission that the amount has been fixed taking into consideration the ability of the Petitioner to earn as well as instalments that the Opposite Party is repaying towards house building loan.
3.1 Relying upon a decision in the case of Pushpanjali Chhuria and another Vs. Pranab Kumar Chhuria , reported in 2018 (Supp.I) OLR 160, Miss Tripathy, learned counsel submits that voluntary deduction from the salary cannot be taken into consideration while determining the quantum of maintenance. It is only the involuntary deductions, i.e., deduction towards income tax and GPF etc. should be the matter of consideration in a proceeding under Section 24 of the Act. Thus, the repayment of instalments towards house-building loan cannot be taken into consideration while determining the quantum of maintenance. The Petitioner has her minor son residing with her. Both of them are completely dependent on her father, who has recently faced with cardiac arrest during COVID-19 pandemic. In order to maintain themselves, the amount of pendente lite maintenance granted by learned Judge, Family Court, Bhubaneswar is quite insufficient and requires enhancement. It is her submission that the Petitioner is entitled to at least 1/5th of the salary of the Opposite Party as her maintenance. She also relied upon a decision of this Court in the case of Jyostnarani Khatua Vs. Samir Ranjan Behera ,
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reported in 2022 (1) OLR 816 and submits that the Petitioner is entitled to lead a life as he would have led in her matrimonial home. Thus, the quantum of maintenance requires enhancement. She also submitted the salary slip of the Opposite Party for the month of January, 2022 to indicate his salary. She accordingly prays for enhancement of the monthly maintenance.
Page 3 of 5
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4.1 He further submits that by order dated 2nd April, 2019 passed in W.P.(C) No.5536 of 2019, this Court directed learned Judge, Family Court, Bhubaneswar to dispose of the CP No.234 of 2017 within a period of six months from the date of production of certified copy of the said order. In the meantime, more than three years have already elapsed and due to noncooperation of the Petitioner, cross-examination of PW-1 was completed only on 28th June, 2022. In one hand, the Petitioner is not cooperating learned Judge, Family Court, Bhubaneswar to conclude the proceeding and on the other she has come up before this Court for enhancement of quantum of maintenance. In that view of the matter she is not entitled to claim enhancement of maintenance.
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to discuss the rival contentions and materials on record while adjudicating the application under Section 24 of the Act. Moreover, salary slip of the Opposite Party submitted by Miss Tripathy, learned counsel for the Petitioner cannot be taken into consideration as it is for the month of January, 2022.
Issue urgent certified copy of the order on proper application.
s.s.satapathy
(K.R. Mohapatra) Judge
Page 5 of 5
2 issues framed by the court
Whether the quantum of interim maintenance under Section 24 of the Hindu Marriage Act requires enhancement given the husband's salary and the wife's financial dependency.
Whether a salary slip submitted by the petitioner for a later month can be considered when adjudicating a pending maintenance application.
Colour shows how this judgement treated each authority
Pushpanjali Chhuria and another Vs. Pranab Kumar ChhuriaDistinguished¶21
2018 (Supp.I) OLR 160
Jyostnarani Khatua Vs. Samir Ranjan BeheraReferred¶24
2022 (1) OLR 816
3 provisions across 2 enactments
Jyoti Panda
Asutosh Mahapatra
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
